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Gov 15.2 Civil Law Disputes between two or more individuals or between government and individuals.

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Presentation on theme: "Gov 15.2 Civil Law Disputes between two or more individuals or between government and individuals."— Presentation transcript:

1 Gov 15.2 Civil Law Disputes between two or more individuals or between government and individuals

2 Civil Law usually deals with these four areas Contracts Property Family Relations Civil wrongs causing injury (tort)

3 Contracts A set of voluntary promises, enforceable by law, between two parties who agree to do something. – Expressed contracts-terms specifically stated between the two parties, usually in writing. – Implied contracts-terms are not expressed but are can be inferred from the people involved Contracts are valid if: – Involved are mentally competent individuals – Of legal age – Involve legal activities – Must include offer, acceptance and usually consideration

4 Contracts continued Offer-Promise that something will, will not happen. Acceptance-agree to accept the promise usually in writing but can be verbal Consideration-both parties will give something for the promise to be completed * Most civil cased involve disagreements between contracts

5 Property Law Another important type of civil law is the use and ownership of property. There are two types of property: 1. Real Property-land and what ever is attached of growing on it. 2. Personal Property-moveable belongings such as clothes, jewelry, or intangibles like stocks, bonds, copyrights and patents *An important part of Property law is a Mortgage- a loan to pay for house to go on your property

6 Family Law Family Law is concerned with the following aspects: 1. Marriage-A civil contract 2. Divorce-Terminates the original contracts and allows both parties to remarry 3. Parent-child relationships 4. Custody-protective care or guardianship

7 Tort Any wrongful act for which the injured party has the right to sue for damages in civil court. – Damages may be physical or to property – Negligence-injury of damage caused by failure to use reasonable care – Punitive Damages-additional money to punish the individual causing the damage – Intentional Tort-a deliberate act that results in harm to a person or property

8 Terms in civil cases Civil case is called a lawsuit. Plaintiff-person who us bring up charges or complaint. Defendant-person for whom the charge is being brought against. Injunction-a court order to discontinue a practice of a defendant

9 Hiring a lawyer When hiring a lawyer there are basically two forms to pay for the lawyer: 1. Hourly fee 2. Contingency fee-a percentage of the money won in the lawsuit

10 Steps in Civil Court Complaint-legal document filed of a complaint in court of jurisdiction Summons-defendant is given an official notive of a lawsuit with date, time and place of appearance. Motion to dismiss-can be filed by the defendants lawyer and is heard by the judge and is denied or granted. Answer-if “motion to dismiss” is denied the defendants must give a response to the charges of the complaint

11 The Leg Work Discovery-the time period for which both lawyers are gathering information to support there case (can be long, drawn out and expensive). – Examine records – Interview witnesses – Observe photos – File motions

12 Mediation Resolution without trial A mediator or outside party oversees an open communication between the two parties who explain the views 90% of all cases are solved outside of court.

13 Trail and Award If all else fails the case goes to court and a decision is rendered either by a judge or jury. If plaintiff wins court awards damages, injunctions or both. If defendants refuses to pay a court order to pay can be issued and property and/or assets seized to pay for damages.

14 Small Claims Court Deal with smaller cases involving $1000 to $5000 Evidence can be in two forms witness or affidavit or written testament to witnessing. A judges hears a case and renders a decision which is legal and binding.

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